Martinez v. Annucci
| Decision Date | 24 December 2015 |
| Citation | 134 A.D.3d 1380,21 N.Y.S.3d 771 |
| Parties | In the Matter of Ronmel MARTINEZ, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent. |
| Court | New York Supreme Court — Appellate Division |
134 A.D.3d 1380
21 N.Y.S.3d 771
In the Matter of Ronmel MARTINEZ, Petitioner,
v.
Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Supreme Court, Appellate Division, Third Department, New York.
Dec. 24, 2015.
Ronmel Martinez, Ogdensburg, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: PETERS, P.J., LAHTINEN, LYNCH and DEVINE, JJ.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner was ordered to submit a urine specimen for testing and it twice tested positive for the presence of three different substances, namely, buprenorphine, THC 50 and K2–2. As a result, he was charged in a misbehavior report with using a controlled substance and also with using an intoxicant. Following a tier III disciplinary hearing, he was found guilty of the charges and the determination was later affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior report, positive urinalysis test results and related documentation, as well as the hearing testimony, provide substantial evidence to support the determination finding petitioner guilty of using a controlled substance
(see Matter of Cobb v. Yelich, 118 A.D.3d 1235, 1236, 988 N.Y.S.2d 297 [2014] ; Matter of Cagle v. Fischer, 108 A.D.3d 913, 968 N.Y.S.2d 415 [2013] ) and using an intoxicant (see Matter of Ralands v. Prack, 131 A.D.3d 1334, 1335, 16 N.Y.S.3d 788 [2015] ). The chain of custody of the specimen was adequately established through the information contained on the request for urinalysis form and the testimony of the correction...
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Wade v. Annucci
...evidence to support the determination finding petitioner guilty of using a controlled substance (see Matter of Martinez v. Annucci, 134 A.D.3d 1380, 1380, 21 N.Y.S.3d 771 [2015] ; Matter of Green v. Annucci, 134 A.D.3d 1376, 1376, 21 N.Y.S.3d 646 [2015] ). Petitioner's denial that he used a......
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Mills v. Annucci
... ... Contrary to petitioner's further contention, the chain of custody for the weapon was "adequately established" (Matter of Martinez v. Annucci, 134 A.D.3d 1380, 1381, 21 N.Y.S.3d 771 ). Petitioner's contention that he was denied the right to call certain witnesses is without merit inasmuch as he failed to establish that those witnesses would have provided relevant, noncumulative testimony (see Matter of Medina v. Fischer, 137 ... ...
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Green v. Annucci
...officer who tested the sample, provide substantial evidence supporting the determination of guilt (see Matter of Martinez v. Annucci, 134 A.D.3d 1380, 1380–1381, 21 N.Y.S.3d 771 [2015] ; Matter of Green v. Annucci, 134 A.D.3d 1376, 1376–1377, 21 N.Y.S.3d 646 [2015] ). Contrary to petitioner......
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Cotterell v. Taylor-Stewart
...testing, and the handling of the specimen was otherwise set forth on the request for urinalysis form (see Matter of Martinez v. Annucci, 134 A.D.3d 1380, 1381, 21 N.Y.S.3d 771 [2015] ; Matter of Paddyfote v. Fischer, 118 A.D.3d 1240, 1241, 987 N.Y.S.2d 719 [2014] ). Inasmuch as the urine sp......